Case “limited to false accusations... does not concern other opinions of Mr Kimmage”
The International Cycling Union (UCI) has issued a statement regarding its initiation of legal action against journalist and former rider, Paul Kimmage, in which it seeks to clarify its position on the matter. The sport’s governing body is taking the Irishman to court over statements he made in the Sunday Times newspaper in the UK - at which he was employed until recently - and in French sportspaper l’Equipe, where he allegedly accused current UCI president Pat Mcquaid and his predecessor Hein Verbruggen of being ‘dishonest’, and of ‘having knowingly tolerated tests, of being dishonest people, of not having a sense of responsibility, of not applying the same rules to everyone.’
The accusations were linked to the claims made by both Floyd Landis and Tyler Hamilton that Lance Armstrong tested positive for EPO at the 2001 Tour de Suisse but the result was covered up.
“Mr Kimmage had made false accusations that defamed the UCI and its Presidents, and which tarnished their integrity and reputation,” reads the UCI statement. “Mr Kimmage is free to express and make public his opinions within the limits of the law and of the truth.
“False accusations are unacceptable and unlawful and the UCI will defend itself against all such accusations as any other citizen or entity has the right to do,” it adds.
In clarifying that the UCI, McQuaid and Verbruggen are pursuing Kimmage over the specific accusations that he allegedly made, it “does not concern other opinions of Mr Kimmage.”
There have been some questions raised in the media that the UCI had sought to take action against Kimmage, rather than the Sunday Times and l’Equipe, where his words were published; the UCI clarifies this however, by stating that: “under the applicable Swiss law such case is directed against the person who made the defamatory statements.”
When news broke that Kimmage, who is currently out of work, had received a subpoena from Tribunal D'Arrondissement de L'Est Vaudois in Vevey, Switzerland, just under two weeks ago, a defence fund was set up by Cyclismas.com, NYVelocity.com and Twitter user @Digger_forum; to date that fund has raised more than $47,000.
The case is due to be heard at 9am on Wednesday, December 12th.
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The UCI statement in full:
UCI STATEMENT ON CASE AGAINST PAUL KIMMAGE
In response to questions concerning why almost one year ago the UCI initiated a court case against Paul Kimmage, the UCI wishes to issue the following clarification.
Mr Kimmage had made false accusations that defamed the UCI and its Presidents, and which tarnished their integrity and reputation.
Mr Kimmage is free to express and make public his opinions within the limits of the law and of the truth.
False accusations are unacceptable and unlawful and the UCI will defend itself against all such accusations as any other citizen or entity has the right to do.
The case against Mr Kimmage is limited to false accusations and does not concern other opinions of Mr Kimmage. The case is based upon the protection of the personality rights.
Under the applicable Swiss law such case is directed against the person who made the defamatory statements. In this case this person is Mr Kimmage.
UCI Communication Service